Weld County 2004

GASP of Colorado (Group to Alleviate Smoking Pollution)

Ordinance Grade: 2

Some local laws have provisions that are stronger than the Colorado Clean Indoor Air Act and provide better protection from exposure to secondhand smoke at work and in public places. GASP of Colorado rates local laws compared to the state law on a scale of zero to five. The highest and best rating is a five (click here for an explanation of our rating system). Any stronger provisions in the state law take precedence over any weaker local provisions so the state law should be reviewed first through these links: smokefreecolorado.org or gaspforair.org.

This law is generally weaker than the state law except for the sections related to all county-owned workplaces and entryways.

WELD COUNTY RESOLUTION

RE: POLICY REGARDING SMOKING IN BUILDINGS AND VEHICLES UNDER THE CONTROL OF WELD COUNIY, INCLUDING AREAS OUTSIDE OF SUCH BUILDINGS WITHIN FIFTY (50) FEET OF ENTRANCES THERETO

WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and

WHEREAS, pursuant to Sections 30-11-07(1)(a) and 30-35-201(12) C. R. S. and Section 3 8(4)(1) of the Weld County Home Rule Charter, the Board of County Commissioners has the authority on behalf of Weld County to own and control real and personal property, including the establishment of reasonable rules regarding their use, and

WHEREAS, by Resolution of the Board of County Commissioners dated May 9, 1988, the Board prohibited smoking in all buildings and vehicles under the control of Weld County, Colorado, by and through the Board of County Commissioners of Weld County, effective July 1,1988, Including but not limited to, the Weld County Courthouse, and

WHEREAS, although compliance with the prohibition has been substantial, if not complete, since July 1, 1988, smokers have congregated outside buildings in front of entrances in order to smoke, thereby subjecting persons entering the buildings to second-hand smoke, and

WHEREAS, the Board of County Commissioners has, after careful consideration, deemed it advisable to reiterate such prohibition and to extend it to those areas outside buildings controlled by Weld County, within fifty (50) feet of any entrances thereto,

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that smoking is prohibited in all buildings and vehicles under the control of Weld County, by and through the Board of County Commissioners of Weld County, and in the areas outside such buildings within fifty (50) feet of any entrances thereto. Signs shall be posted in all buildings and vehicles, and at the entrances to all buildings, which shall notify employees and visitors of the policies stated herein

BE IT FURTHER RESOLVED by the Board that employees of Weld County found to be in violation of the policies stated herein shall be subject to disciplinary actions as stated in the Weld County Personnel Policies handbook, Weld County Ordinance 118, as amended. Any visitors found to be in violation of the policies stated herein shall be notified of such violation and asked to extinguish their smoking materials or to smoke outside of the fifty (50) foot area.

BE IT FURTHER RESOLVED by the Board that this Resolution supersedes and replaces the Board’s Resolution of May 9, 1988, referred to above. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of June, A.D., 1999.

BOARD OF COUNTY COMMISSIONERS

WELD COUNTY, COLORADO

ATTEST:

Weld County Clerk to the Board Dale K. Hall, Chair

BY: Barbara J. Kirkmeyer, Pro-Team

Deputy Clerk to the Board

George E. Baxter

APPROVED AS TO FORM: M. J. Gelle

County Attorney Glenn Vaad